The debate over whether internet call and messaging apps like WhatsApp, Telegram, and Google Meet should be brought under the ambit of telecom licences has been a contentious issue in the telecom industry. Industry body Broadband India Forum (BIF) has strongly contested the suggestion put forth by telecom operators, arguing that it would be a violation of Article 14 of the Constitution, which guarantees equal treatment to every person and entity.
BIF President TV Ramachandran emphasized that comparing OTT services to traditional telecom services like voice calls and SMS is fundamentally flawed. He pointed out that telecom service providers enjoy exclusive rights such as interference-free spectrum, numbering resources, and right of way to set up infrastructure, which OTT players do not possess. Therefore, bringing OTT services under the Telecom Act would be unjust and overlook the significant differences between the two categories.
Telecom operators, on the other hand, have been vocal about the additional costs they have incurred to support the traffic generated by popular communication and entertainment apps. The Cellular Operators Association of India (COAI) estimates that telecom operators have spent an additional Rs 10,000 crore in 2022-23 due to the surge in data traffic from these apps. As a result, telecom players have been pushing for foreign apps to bear the infrastructure cost burden based on the traffic they generate.
In their latest submission to the sector regulator Trai, telecom operators have unanimously demanded that OTT apps like WhatsApp, Signal, and Telegram be brought under the licensing regime under the new Telecommunication Act. They argue that OTT communication services should be considered as access services under the new Act, ensuring a level playing field for all service providers.
Reliance Jio, Bharti Airtel, Vodafone Idea, and COAI have all expressed support for bringing OTT communication services under the purview of the Telecommunications Act. They believe that the Act’s broad definition of ‚telecommunications‘ encompasses all forms of communication, including those provided over the top using internet platforms. By regulating OTT communication services, telecom operators argue that law enforcement agencies would have better oversight and monitoring capabilities, enhancing security and crime prevention measures.
Overall, the debate surrounding the regulation of internet call and messaging apps continues to be a hot topic in the telecom industry. While telecom operators advocate for a more level playing field and cost-sharing measures, industry bodies like BIF raise concerns about the potential infringement of constitutional rights and the unique nature of OTT services. As the industry evolves and technology advances, finding a balance between regulation and innovation will be crucial for shaping the future of communication services in India.